[10/06, 11:34] sekarreporter1: https://x.com/sekarreporter1/status/1800046429005926873?t=xyK2FIkEk5AOG4BcI-UB1w&s=08
[10/06, 11:35] sekarreporter1: “5.1 Per contra, representing the TANGEDCO, Mr.J.Ravindran, the Additional Advocate General, submitted that it may be that under the scheme of IBC, TANGEDCO might be an operational creditor, but inasmuch as TANGEDCO’s activities are governed by the Electricity Act, 2003, and the Electricity Supply Code, it cannot forego its claim. Reliance was placed on the ratio in State Tax Officer Vs Rainbow Papers Ltd., [2022 SCC OnLine SC 1162] ; K.C.Ninan Vs Kerala State Electricity Board and Others, [2023 SCC OnLine SC 663 (para 117, 341)], and M/s.Empee Distilleries Limited
Vs The Superintending Engineer, Pudukottai, Electricity Distribution
Circle, Pudukottai [WP(MD) No.14198 of 2022 dated 10.11.2022].
5.2 On the strength of the ratio in K.C.Ninan Vs Kerala State Electricity
Board and Others, [2023 SCC OnLine SC 663], the Additional Advocate General submitted, an owner or an occupier of the premises to which the electricity was provided is liable to pay the entire arrears, and it was not affected by any proceedings initiated under the IBC, nor by any approval to a resolution plan. He also submitted that the ratio in the Ghanashyam Mishra case has been considered in State Tax Officer Vs Rainbow Papers Ltd., [2022 SCC OnLine SC 1162], where the Supreme Court has declared that where the resolution plan presented before the Adjudicating Authority (the NCLT) has ignored certain dues to the instrumentality of the State, then the same is bad. This judgment in the Rainbow Papers case was followed by a learned Single Judge of this Court in M/s.Empee Distilleries Limited Vs The Superintending Engineer, Pudukottai, Electricity Distribution Circle, Pudukottai [WP(MD) No.14198 of 2022 dated 10.11.2022].”
https://sekarreporter.com/justice-n-seshasayeew-p-no-29845-of-2022-and-wmp-no-29233-of-2022the-national-sewing-thread-co-ltd-post-insolvency-resolution-under-ibcrepresented-by-its-successful-resolution-applicantmr-b-venka/#:~:text=5.1%20Per%20contra%2C%20representing%20the%20TANGEDCO%2C%20Mr.J.Ravindran%2C%20the%20Additional,Distribution%20Circle%2C%20Pudukottai%20%5BWP(MD)%20No.14198%20of%202022%20dated%2010.11.2022%5D.